Idaho Code

Idaho Code § 55-612 (2026)

Covenants implied from grant.

✓ current as of May 2026

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Covenants implied from grant.

From the use of the word "grant" in any conveyance by which an estate of inheritance, possessory right, or fee simple is to be passed, the following covenants, and none other, on the part of the grantor, for himself and his heirs, to the grantee, his heirs and assigns, are implied, unless restrained by express terms contained in such conveyance:

1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title or interest therein, to any person other than the grantee.

2. That such estate is at the time of the execution of such conveyance free from encumbrances done, made or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.

Notes of Decisions

Cited in 4 cases, 1963–2018 · leading case: Brent Regan v. Jeff Owen, 413 P.3d 759 (Idaho 2018).

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Brent Regan v. Jeff Owen, 413 P.3d 759 (Idaho 2018). · cites it 4× “See I.C. §§ 55-612, 55-613. In fact, the Regans contend that the definition of “encumbrances” set forth in Idaho Code section 55-613 (which is identical to Rev.”

Bruno v. First Fed. Sav. & Loan Ass'n, 772 P.2d 1198 (Idaho 1989). · cites it 2× “A trust deed is a deed in trust — but first all of it is a deed and the use of the word “grant” raises the covenants or warranties of I.C. § 55-612 — which are implied against the grantor in favor of the grantee.”

Bannock Title Co. v. Lindsey, 388 P.2d 1011 (Idaho 1963). · cites it 2× “I.C. § 55-612 provides: “From the use of the word 'grant’ in any conveyance by which an estate of inheritance, possessory right, or fee simple is to be passed, the following covenants, and none other, on the part of the grantor, for himself and his heirs, to the grantee, his…”

Regan v. Owen (Idaho 2017). · cites it 2× “See I.C. §§ 55-612, 55-613. In fact, the Regans contend that the definition of “encumbrances” set forth in Idaho Code section 55-613 (which is identical to Rev.”

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